The judgment may grant the petitioner the relief to which he is entitled, or may dismiss the proceeding either on the merits or with leave to renew. If the proceeding was brought to review a determination, the judgment may annul or confirm the determination in whole or in part, or modify it, and may direct or prohibit specified action by the respondent. Any restitution or damages granted to the petitioner must be incidental to the primary relief sought by the petitioner, and must be such as he might otherwise recover on the same set of facts in a separate action or proceeding suable in the supreme court against the same body or officer in its or his official capacity.
§ 7806.Judgment
Article 78. Proceeding Against Body or Officer · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7806 authorizes the judgment in an Article 78 proceeding to grant relief, dismiss the case, annul, confirm, or modify the challenged determination in whole or in part, and direct or prohibit specified action, while limiting damages to what is incidental to the primary relief.
Full Text of CPLR 7806
Plain-English Summary
CPLR 7806 spells out what a court can do once it decides an Article 78 case. The judgment may grant the petitioner whatever relief the petitioner is entitled to, or it may dismiss the proceeding, either on the merits or with leave to renew, leaving the door open for the petitioner to come back if circumstances change.
Where the proceeding challenged a specific determination, the judgment has several tools available: it can annul the determination, confirm it, modify it in whole or in part, and it can direct the respondent to take specified action or prohibit the respondent from taking specified action. That range covers the practical equivalents of the old mandamus, certiorari, and prohibition remedies within a single judgment.
The section draws one firm line around money relief. Any restitution or damages awarded to the petitioner must be incidental to the primary relief the petitioner sought, and it must be the kind of recovery the petitioner could otherwise obtain in a separate action or proceeding against the same body or officer, in its or his official capacity, that could be brought in supreme court. Article 78 isn't a vehicle for a freestanding damages claim; the money relief has to ride along with the primary relief and has to be independently available under some other cause of action.
Frequently Asked Questions
What can a court order in an Article 78 judgment?
It can grant the petitioner the relief the petitioner is entitled to, dismiss the proceeding on the merits or with leave to renew, and, where a determination is under review, annul, confirm, or modify it and direct or prohibit specified action by the respondent.
Can you recover money damages in an Article 78 proceeding?
Only incidentally to the primary relief sought, and only if the restitution or damages are the kind the petitioner could otherwise recover in a separate action against the same body or officer in its official capacity.
What does it mean to "annul" a determination under CPLR 7806?
It means the judgment sets aside the agency's determination, one of several options the court has alongside confirming the determination as is or modifying it in part.
Can the court dismiss an Article 78 petition but let the petitioner try again?
Yes. CPLR 7806 allows dismissal either on the merits or with leave to renew, so a dismissal doesn't always end the matter permanently.
Can an Article 78 judgment order an agency to take a specific action?
Yes. The judgment may direct or prohibit specified action by the respondent, the mechanism through which the mandamus and prohibition functions of the old writs operate under Article 78.
Can a court confirm the agency's decision instead of overturning it?
Yes. CPLR 7806 gives the court the option to confirm the determination in whole or in part, just as it can annul or modify it, so winning an Article 78 case is not the only possible outcome for the petitioner.
Why can't you get a full damages award through an Article 78 proceeding?
Because CPLR 7806 limits restitution or damages to what is incidental to the primary relief sought and to what the petitioner could otherwise recover in a separate action against the same body or officer, so the proceeding isn't a substitute for a standalone damages lawsuit.
Advisory Committee Notes
This section is derived from CPA § 1300. The final determination is styled a judgment rather than a final order in accordance with the terminology of article 4. Since the general rules governing judgments will thus be applicable (see notes to rule 411), the reference in CPA § 1300 to determinations affecting “any or all of the parties” is omitted as unnecessary. See rule 5012. The remainder of the section is retained as stating principles particularly pertinent to determinations under this article. The provision regarding dismissal in the first sentence, for example, embodies the principle that the remedy under this article is discretionary and will ordinarily be denied if the petitioner has another remedy by appeal to a court or another body or officer, or by an action or motion in a pending action. See 3 NY Jud Council Rep 134, 192 (1937). CPA § 1303 is omitted as covered by the general judgment and enforcement provisions. Its first two sentences are covered by §§ 5101 and 5104. See introduction to proposed article 51. The filing of papers and the judgment-roll called for by the last two sentences of CPA § 1303 are required by rules 409(a) and 5017.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1962, ch 318, § 27, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: Article 78 judgment reliefannul agency determination New Yorkdamages in Article 78 proceedingArticle 78 remedies availablemodify agency determination New Yorkwhat relief can Article 78 grant